CODE OF VIRGINIA

PROHIBITED TERMS; PENALTY (§ 54.1-2731)

A. As used in this section, “nutritional genomics” means the
consideration of biochemical or genetic information to evaluate how genetics
affect gene function and how genetic variation alters nutrient response,
including the study of how dietary and other lifestyle choices influence the
function of humans at the molecular, cellular, organismal, and populational
levels.

B. No person shall hold himself out to be or advertise or permit to be
advertised that such person is a dietitian or nutritionist unless such person:

   1.  Has (i) received a baccalaureate or higher degree in nutritional sciences,
   community nutrition, public health nutrition, food and nutrition, dietetics,
   or human nutrition from a regionally accredited college or university and (ii)
   satisfactorily completed a program of supervised clinical experience approved
   by the Commission on Dietetic Registration of the Academy of Nutrition and
   Dietetics;

   2.  Has active registration through the Commission on Dietetic Registration of
   the Academy of Nutrition and Dietetics;

   3.  Has an active certificate of the Board for Certification of Nutrition
   Specialists as a Certified Nutrition Specialist;

   4.  Has an active certification as a Diplomate of the American Clinical Board
   of Nutrition;

   5.  Has a current license or certificate as a dietitian or nutritionist issued
   by another state; or

   6.  Has the minimum requisite education, training and experience determined by
   the Board of Health Professions appropriate for such person to hold himself
   out to be, or advertise or allow himself to be advertised as, a dietitian or
   nutritionist.The restrictions of this section apply to the use of the terms
   “dietitian” and “nutritionist” as used alone or in any
   combination with the terms “licensed,” “certified,” or
   “registered,” as those terms also imply a minimum level of
   education, training and competence.

C. Any person who meets the requirements set forth in subsection B who receives
nutritional genomics testing information shall maintain such information in
accordance with applicable federal and state law.

D. A person who does not meet the requirements of subsection B but who (i) has a
baccalaureate degree with a major in food and nutrition or dietetics or has
equivalent hours of food and nutrition coursework and (ii) has two years of work
experience in nutrition or dietetics concurrent with or subsequent to completion
of such degree may hold himself out as a dietitian or nutritionist, provided he
is employed by or under contract to a government agency and practices solely
within the scope of such employment.

E. Any person who willfully violates the provisions of this section is guilty of
a Class 3 misdemeanor.

HISTORY: 1995, c. 391; 2016, c. 91.